[Federal Register Volume 84, Number 247 (Thursday, December 26, 2019)]
[Notices]
[Page 71066]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-27670]
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SURFACE TRANSPORTATION BOARD
[Docket No. AB 290 (Sub-No. 406X)]
Norfolk Southern Railway Company--Abandonment Exemption--in the
City of Fort Wayne, Ind.
On December 6, 2019, Norfolk Southern Railway Company (NSR) filed
with the Surface Transportation Board a petition under 49 U.S.C. 10502
for exemption from the prior approval requirements of 49 U.S.C. 10903
to abandon an approximately 2.29-mile rail line, previously known as
the Fourth Street Industrial Track, extending from milepost GI 0.0 to
milepost GI 2.29 in the City of Fort Wayne, Allen County, Ind. (the
Line). The Line traverses U.S. Postal Service Zip Codes 46805 and
46808. NSR states that the Line previously included the station of
Fourth Street.
NSR states that it is seeking to abandon the Line because it has
been dormant for nearly two decades. (NSR Pet. 11.) On October 23,
2019, the Board rejected a verified notice of exemption filed by NSR to
abandon the Line, finding that the class exemption procedure was
inappropriate given the factual and legal questions raised by the
verified notice of exemption, including questions regarding the Line's
classification. Norfolk S. Ry.--Aban. Exemption--in the City of Fort
Wayne, Ind., AB 290 (Sub-No. 403X) (STB served Oct. 23, 2019). In its
petition, NSR states that, on balance, the facts suggest that the Line
is a line of railroad governed by 49 U.S.C. 10901 rather than excepted
track governed by 49 U.S.C. 10906. (NSR Pet. 11.)
According to NSR, the Line does not contain any federally granted
rights-of-way. Any documentation in NSR's possession will be made
available promptly to those requesting it.
The interest of railroad employees will be protected by the
conditions set forth in Oregon Short Line Railroad--Abandonment Portion
Goshen Branch Between Firth & Ammon, in Bingham & Bonneville Counties,
Idaho, 360 I.C.C. 91 (1979).
By issuing this notice, the Board is instituting an exemption
proceeding pursuant to 49 U.S.C. 10502(b). A final decision will be
issued by March 25, 2020.
Any offer of financial assistance (OFA) under 49 CFR 1152.27(b)(2)
for continued rail service will be due no later than 120 days after the
filing of the petition for exemption, or 10 days after service of a
decision granting the petition for exemption, whichever occurs sooner.
Persons interested in submitting an OFA must first file a formal
expression of intent to file an offer by January 6, 2019, indicating
the type of financial assistance they wish to provide (i.e., subsidy or
purchase) and demonstrating that they are preliminarily financially
responsible. See 49 CFR 1152.27(c)(1)(i).
Following authorization for abandonment, the Line may be suitable
for other public use, including interim trail use. Any request for a
public use condition under 49 CFR 1152.28 or for trail use/rail banking
under 49 CFR 1152.29 will be due no later than January 15, 2020.\1\
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\1\ The filing fees for OFAs and trail use requests can be found
at 49 CFR 1002.2(f)(25) and (27), respectively.
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All pleadings, referring to Docket No. AB 290 (Sub-No. 406X), must
be filed with the Surface Transportation Board either via e-filing or
in writing addressed to 395 E Street SW, Washington, DC 20423-0001. In
addition, a copy of each pleading must be served on NSR's
representatives, William A. Mullins and Crystal M. Zorbaugh, Baker &
Miller PLLC, 2401 Pennsylvania Ave. NW, Suite 300, Washington, DC
20037. Replies to the petition are due on or before January 15, 2020.
Persons seeking further information concerning abandonment
procedures may contact the Board's Office of Public Assistance,
Governmental Affairs, and Compliance at (202) 245-0238 or refer to the
full abandonment regulations at 49 CFR part 1152.
Questions concerning environmental issues may be directed to the
Board's Office of Environmental Analysis (OEA) at (202) 245-0305.
Assistance for the hearing impaired is available through the Federal
Relay Service at 1-800-877-8339.
An environmental assessment (EA) (or environmental impact statement
(EIS), if necessary) prepared by OEA will be served upon all parties of
record and upon any agencies or other persons who comment during its
preparation. Other interested persons may contact OEA to obtain a copy
of the EA (or EIS). EAs in abandonment proceedings normally will be
made available within 60 days of the filing of the petition. The
deadline for submission of comments on the EA generally will be within
30 days of its service.
Board decisions and notices are available at www.stb.gov.
Decided: December 17, 2019.
By the Board, Allison C. Davis, Director, Office of Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2019-27670 Filed 12-23-19; 8:45 am]
BILLING CODE 4915-01-P